Lawyers’ Society Challenges Constitutional Amendment Over Two-Thirds Majority

The Lawyers’ Society has challenged the passage of Sierra Leone’s Constitution of Sierra Leone (Amendment) Bill, 2025, arguing that Parliament failed to secure the constitutionally required two-thirds majority of its total membership.

In a press release dated 10 August 2026, the Society cited Section 108(2)(b) of the 1991 Constitution, stressing that constitutional amendments must receive at least two-thirds of the votes of Parliament’s total membership, rather than a simple majority or two-thirds of only members present and voting.

The Society said Parliament, including the Speaker, is legally bound to strictly follow the Constitution’s prescribed amendment procedures. It also questioned what it described as a change in the Speaker’s interpretation of the two-thirds threshold, referring to earlier proceedings involving the removal of former Auditor-General Lara Taylor-Pearce, where the Speaker reportedly distinguished between “two-thirds of Parliament” and “two-thirds in Parliament.”

The Society warned that allowing a constitutional amendment to pass without the required majority could set a dangerous precedent and weaken constitutional safeguards.

The statement followed a contentious parliamentary sitting on 10 August, when APC MPs walked out amid disagreements over the voting procedure and constitutional threshold. The Speaker subsequently indicated that the matter would be referred to the Supreme Court for interpretation, while Parliament was adjourned until 29 October 2026.

The Lawyers’ Society stressed that the dispute goes beyond the current amendment Bill, arguing that the process used to amend the Constitution has wider implications for Sierra Leone’s constitutional order.

It called on President Julius Maada Bio, the Speaker, MPs, the legal profession, civil society and citizens to uphold the constitutional procedures governing amendments and respect the supremacy of the Constitution “in both words and deeds.”